Condensed Criminal Law Final Outline Kaye Spring 2012
Why punish?
Non-Utilitarian
Retribution: Deserve punishment and morally culpable.
Utilitarian
Deterrence: Prevent future crimes, punishment cost outweighs benefit of crime
Moral Influence: Instill moral values, criminal’s conduct undesirable
Rehabilitation: Make criminals less dangerous
Incapacitation: Protect people from dangerous criminals, hard to estimate future crimes
ACT + RESULT + ATTENDANT CIRCUMSTANCES +MENTAL STATE = CRIMINAL ACT
· Act
· Result
· Causation
· Attendant circumstances – the factors surrounding the event
· Mental state
Mental State (Mens Rea)
§ MPC: “An act does not make [a person] guilty, unless the mind be guilty”
o Purposely: Conscious object to engage in conduct. Desire to bring about result
o Knowingly
§ D must be Aware that his conduct is of that nature, AND
§ Aware that the result is practically certain to occur (high probability)
o Recklessly:
§ A Conscious disregards a substantial (mag. Likelihood of harm) AND
§ Unjustifiable (look at circumstances) risk that will result from his conduct.
o Negligently
§ (1) Should be aware of a substantial and unjustifiable risk that will result from act
§ (2) Gross deviation from the standard of care that a reasonable person would observe in the actor’s position
§ COMMON LAW (ELEMENTS)
o Willfully – intentionally
§ D did it intentionally AND (some extra “badness”) aware you were breaking the law. (tax violation, etc) Same as intent, but sometimes it has extra meaning:
o Intentionally-
§ Purposefully or
§ Knowingly
o General Intent- Any crime that requires a culpable mental state but does not have a specific intent element (intent to do prohibited act or result: battery)
o Specific intent – general intent + further specific intent: Burglary: breaking in with intent to commit felony therein
o Transferred Intent – Intent will be transferred from the intended victim to the ACTUAL victim
§ Your intent transferred. Does not apply if you achieve first intended kill/injury
o Maliciously: Either
§ Purposely OR
§ Knowingly OR
§ Recklessness
Homicide:
Intentional Killings:
· Murder – Unlawful killing of a person with malice aforethought
o Malice =
§ Intent to kill
§ Depraved indifference/extreme recklessness
§ Intent to inflict serious bodily harm
§ Killing in the course of a felony
o 1st degree murder =ITK + premeditation (most jurisdictions)
§ Premeditation:
1) State v. Guthrie (West Virginia, 1995)
Facts- D stabs co-worker with knife
Rule- Must be evidence D considered and weighed decision to kill.
· OR
2) Commonwealth v. Carroll (Pennsylvania, 1963)
Facts- D shoots wife while sleeping
Rule- Just need ITK; no time too short
o 2nd degree = Intentional but not premeditated killing
Voluntary Manslaughter
o CL:
§ D must show that :
· (1) Experiencing an overwhelming heat of passion (ex-rage)
· (2)Adequate provocation that would have inflamed a reasonable person
o Categorical:
§ Aggravated assault battery
§ Mutual combat
§ Seeing serious injury to a close relative
§ Illegal arrest
§ Adultery
· (3) Not enough cooling time had elapsed
§ Girouard v state – D killed his wife after she repeatedly verbally abused him.
· Held: Words alone not enough for adequate provocation
o MPC – more broad than CL.
§ Murder is reduced to voluntary manslaughter if:
· D had an Extreme Emotional Disturbance EED AND
· There is a reasonable explanation or excuse for EED, look to see if too particular to person
Casassa v. People (New York, 1980) and MPC formulation
Facts- D killed ex girlfriend trying to win her back
Rule- Agreed with TC, w/in rights to find EED, but too particular to him to be reasonable
MPC says must be:
EED for which there is reasonable excuse under the circumstances as he believes them to be to have acted the same way.
For crime to be reduced from murder to manslaughter chart:
Common Law
Model Penal Code
1. Victim provoked defendant
2. Categorical approach
3. Words usually not enough
4. Heat of passion = immediate (no cooling time)
1. Don’t have to kill person who created EED.
2. Just need reasonable excuse
3. Words may be enough
4. EED = doesn’t have to be immediate
· Unintentional Homicides
o Negligent Homicide
§ (MPC) Commits an act that causes a death negligently (should have been aware substantial and unjustifiable risk).
o Involuntary Manslaughter (CL)
§ Commits an act that c
o Misdemeanor Manslaughter- Death caused in course of misdemeanor.
· i.e., driving through a red light and causing death
§ Courts may not say D guilty if misdemeanor has nothing that made the crime more likely
· i.e., driving with an expired license and causing death
o (Topic 4C4) Murder with intent to inflict Serious Bodily Harm
§ Murder in the 2nd degree = commits an act that causes a death with the intent to inflict serious “grievous” bodily harm on the victim.
Involuntary Acts:
o Physical coercion
o Seizures/reflexes (no choice)
o Unconsciousness
o Sleepwalking (Cogdon) – mom kills teen with axe
o Hypnotism – Split
– Voluntary:
o Threats/commands – you have choice
– An Act must be voluntary to satisfy the act element of a crime.
o Newton – shot in abdomen, killed police officer while in shock
§ Rule- Where not self-induced, unconsciousness is complete defense to homicide.
Omissions – Failure to act, can satisfy act element if D had legal duty to act
– Jones case– Baby died, reversed involuntary manslaughter conviction
o Rule- Omission only punishable where there is a legal duty and not merely a moral obligation.
o Legal Duty:
§ (1) Statutory Duty
· Good Samaritan laws
· Statue will appear on MPC or Essay
§ (2) Status relationship
· Parent-Child
· Husband-Wife (Bf-Gf No Duty, must be a legal connection)
· Captain to passengers
§ (3) Contractual duty
· Acquired duties like aide in nursing home, childcare, baby sitter. Lifeguard.
§ (4) Voluntary assumption of care
· If someone in danger and the cared for person is secluded, and less likely that 3rd parties will provide care (i.e. Jones)
§ (5) Creating of Peril
· Duty to act in behalf of another person will arise if you contributed to their risk or peril.
